Page:The Green Bag (1889–1914), Volume 21.pdf/346

 Mohammedan Law in Our Philippine Possessions In general, the Moros do not distin guish, in actual practice, between law and custom. Laws are sometimes ig nored as being contrary to custom, while many customs are given the force of law. But these customs themselves are so subject to individual interpretation at the hands of each datu that they are without uniformity, the law or custom being adapted to each individual case in a manner to suit the convenience or the itching palm of the ruler. Dr. Saleeby says: "An oath on the Koran is so firmly binding and the fear of perjury is so strong in the mind of the Moro that oaths are generally taken and are always regarded as sufficient confirmation even in the absence of evidence. The Moros are not strict nor just in the execution of the law. The laws relating to mur der, adultery, and inheritance are seldom strictly complied with. Indeed, the laws of inheritance as given in the 'Luwaran' are generally disregarded and are seldom considered at all. Mohammedan law does not recognize classes, except the slave class. But Moro law is not ap plied equally to all classes. Great prefer ence is shown the datu class, and little consideration is given the children of concubines. The 'Luwaran,' neverthe less, is the recognized law of the land and compliance with it is a virtue." Extracts from the "Luwaran."—1 If two people disagree as to the ownership of a certain property, the actual possessor has the right to the property if he swears to that effect. In case both of them are in actual possession of the property, both ought to swear. If both of them swear to that effect, the property shall be divided between them equally. If only one person swears, the property shall be given to that person alone. If a person borrows an ax or a button, and the ax is broken or the button lost while being used for the purpose for which it was ■No attempt is made to keep these extracts tinder their proper headings nor in their fullness. They are taken up in order, but are freely abridged.

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loaned, and not on account of carelessness, the lost article shall not be replaced. But if the ax is used at a place overhanging the water or is used to cut a stock of bamboo without being well tied or fastened, and is lost, it shall then be replaced. If a person instrusts another with his property and later calls for it and it is denied him on the plea that it has been taken back or that it was lost, and no witness can be obtained, the trustee's plea shall be sustained if he confirms it by oath. If a person enters the house of another at night without the consent of the owner thereof, and the said owner complains of the offense, the defendant shall be fined four cuspidors. If a man enters the house of another with the intention of holding private intercourse with a woman therein with whom it is unlaw ful for him to associate privately, and the woman objects, he shall be fined four cuspi dors or four pesos, or shall suffer from twenty to thirty-nine lashes, or shall be slapped on his face, at the discretion of the judge. If a man divorces his wife after the conclu sion of the marriage act or ceremonies, and before any sexual intercourse has taken place, the woman shall have half of the dower only. If the divorce occurs after sexual intercourse has taken place, the woman shall have all the dower. If a man refuses to marry a woman after having been engaged to her, the whole dower shall be returned to him, excepting the ex penses for the feast incurred by the father of the woman. If a person falsely claims another person as his slave, he shall be fined the value of one slave. If a person defames another person by call ing him balbal [a human being who trans forms at night into an evil spirit which de vours dead people] or poisoner, he shall be fined one slave or the value of one slave. No gift given without the expectation of reward can be recovered after the receiver has had possession of it. But if the giver changes his mind before the receiver takes possession of the gift, the giver resumes his ownership of the given property. Testimony of a slave which is detrimental to himself shall be accepted. If a person enters a house without permis sion and in the absence of the owner, he shall be held responsible for and shall restore or